Court No. - 53
Case :- APPLICATION U/S 482 No. - 19027 of 2018
Applicant :- Harikesh And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Satendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application has been filed for quashing non bailable warrant and proceedings under Section 82 Cr.P.C. dated 3.5.2018 as well as those issued on subsequent dates by the learned Additional District Judge, Court No. 1, Auraiya in Sessions Trial No. 69 of 2015 (State of U.P. Vs. Neeraj Yadav and others) under Sections 394, 302, 201 and 120 B- I.P.C. P.S.- Auraiya, District - Auraiya arsing out of case crime no. 719 of 2014 registered under aforesaid sections at Police Station- Auraiya, District- Auraiya.
The applicants were on bail on vide orders dated 23.11.2015 and 29.07.2016 respectively passed by the court. They could not appear on 3.5.2018, as the timing of the courts was changed suddenly to morning hours commencing from 8:30 am but the applicants reached the court at 10:00 a.m. and therefore N.B.W. has been issued against the applicant. The applicants submitted that they are law abiding citizens and wish to surrender and seek bail. Looking to the facts and circumstances of the case no case is made out for quashing the non bailable warrant.
It is however directed that in case, applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 days from today, no coercive action shall be taken against them. However, in case, applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
This Application stands disposed of accordingly.
Order Date :- 28.5.2018
A. Pt. Singh